How To Get Legally Separated In South Carolina

How to Get Legally Separated in South Carolina

South Carolina doesn't offer legal separation in the same way some other states do. Instead of a formal legal separation decree, couples seeking a period of separation before divorce typically pursue separate maintenance or simply live separately while working towards a divorce. This article clarifies the process and legal implications.

Understanding Separate Maintenance in South Carolina

Separate maintenance in South Carolina is a court order that allows a married couple to live apart while still remaining legally married. This differs significantly from a legal separation in states where it's formally recognized. A separate maintenance order addresses crucial aspects of the marital relationship during the separation period:

Key Aspects Addressed in Separate Maintenance Orders:

• Spousal Support (Alimony): The court can order one spouse to pay support to the other during the separation. The amount and duration depend on factors such as income, assets, and the length of the marriage.
• Child Support: If children are involved, the court will determine child support obligations, custody arrangements, and visitation schedules.
• Division of Property: While the property isn't officially divided during separate maintenance, the court may address temporary possession or use of assets. The final division typically occurs during the eventual divorce process.
• Marital Home: The court decides who gets to live in the marital home during the separation. This could involve temporary exclusive possession or rental arrangements.

The Process of Seeking Separate Maintenance

To initiate separate maintenance, one spouse files a complaint for separate maintenance with the South Carolina family court. The complaint outlines the grounds for separation and requests the court to grant the order. Grounds for separate maintenance generally mirror grounds for divorce, such as adultery, cruelty of treatment, habitual drunkenness, etc.

Steps Involved:

1. File the Complaint: Prepare and file the necessary paperwork with the family court in the county where at least one spouse resides.
2. Serve the Other Spouse: The other spouse must be formally served with a copy of the complaint.
3. Response and Discovery: The served spouse will file a response, and both parties will engage in discovery—exchanging information and evidence relevant to the case.
4. Hearings and Negotiations: The court may hold hearings to address the issues outlined in the complaint. Often, attorneys will negotiate a settlement agreement, which the court approves.
5. Order of Separate Maintenance: If a settlement isn't reached, a judge will make the final determination regarding spousal support, child support, property, and other matters.

Important Note: Separate maintenance isn't a permanent solution. It provides a temporary framework while the couple works through their marital issues. Eventually, the couple will either reconcile or proceed with a divorce.

When to Consider Separate Maintenance

Separate maintenance may be suitable when:

• Couples need time apart to work on their relationship: It allows for a cooling-off period to assess the marriage's viability.
• Financial implications are complex: It allows for temporary financial arrangements while addressing larger property division concerns.
• One spouse needs financial support: This provides a mechanism for temporary financial assistance during separation.

The Path to Divorce After Separate Maintenance

Once the couple decides to divorce, a separate divorce action must be initiated. The terms agreed upon during the separate maintenance may influence the divorce proceedings, but the final division of assets is typically addressed during the divorce.

Seeking Legal Counsel

Navigating the complexities of separate maintenance and divorce in South Carolina requires legal expertise. Consulting with a qualified family law attorney is crucial for understanding your rights, protecting your interests, and achieving the best possible outcome. They can guide you through the process, advise on strategy, and represent you in court if necessary.